Performance Appraisals: New Jersey
Federal law and guidance on this subject should be reviewed together with this section.
Author: Christine Zebrowski, Overbrook Law LLC
- Just as the nondiscrimination requirements of Title VII of the Civil Rights Act apply to performance appraisals, so do the nondiscrimination requirements of New Jersey law. See The New Jersey Law Against Discrimination.
- New Jersey's Conscientious Employee Protection Act (CEPA) prohibits retaliation against an employee who blows the whistle or who threatens to do so, with regard to improper, deceptive, harmful or illegal conduct by his or her employer, or conduct which relates to improper patient care by a health care provider. Retaliation includes an adverse employment action, e.g., a negative performance appraisal. See New Jersey's Whistleblower Act: the Conscientious Employee Protection Act (CEPA).
- Employers are protected against defamation claims when providing references on former employees. See Defamation, Libel and Slander.
- An employer may be held liable for an employee's wrongful acts if the employer knew or had reason to know of the risk the employment created. See Negligent Retention or Supervision.